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2026
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[2026] ZAGPJHC 44
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Maseko v Molemela and Others (A2024/016802) [2026] ZAGPJHC 44 (27 January 2026)
IN THE FULL COURT APPEAL
COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
CASE
NO: A2024/016802
1. Reportable: No
2. Of interest to other
judges: No
3. Revised
WRIGHT
J
In
the matter between:
ANDILE
AARON MASEKO
APPELLANT
and
MOLEMELA
JA
FIRST RESPONDENT
DAMBUZA
JA
SECOND RESPONDENT
KHAMPEPE
ADCJ
THIRD RESPONDENT
ZONDI
JA
FOURTH RESPONDENT
CHIEF
JUSTICE
FIFTH RESPONDENT
MINISTER
OF JUSTICE
SIXTH RESPONDENT
JUDGMENT
WRIGHT J( STRYDOM J
and SENYATSI J concurring)
[1] On 24 April
2020, Mr Maseko signed a notice of motion. The six cited respondents
were as cited in the heading to this
judgment. Mr Maseko sought
orders that decisions, apparently taken by the JSC or the Judicial
Conduct Committee, or individual
judges, be replaced. An order was
sought too, that “
the government pay damages to the
applicant
.” Mr Maseko sought also an order that a labour
dispute between him and Sasol be remitted to the Labour Court.
[2] At
some stage in the proceedings, Mr Maseko sought leave to amend his
notice of motion to quantify the amount of damages claimed
to an
amount over R63 million. It is not clear if leave to amend was
opposed or granted.
[3] The application was
opposed. It was dismissed by Olivier AJ on 14 December 2022.
[4] Mr Maseko sought
leave to appeal and Olivier AJ granted leave to appeal to a Full
Court on 29 May 2023. This judgment was apparently
handed down on 5
June 2023.
[5] There is in the file
a document, under the above case number, headed “
Notice of
Appeal
“. It is signed by Mr Maseko and dated “ -
February 2024
“.
[6]
There is in the heading of this notice only one cited respondent,
namely “
M Olivier
“.
This person is presumably the Olivier AJ who heard and dismissed
the application and who granted leave to appeal.
None of the six
respondents cited above are cited in the notice of February 2024.
[7] At the appeal hearing
on 26 January 2026, Mr Maseko appeared in person.
[8] Ms Mayet SC, leading
Mr A Bleki appeared for the 1
st
to 5
th
respondents.
[9] There was no
appearance for the sixth respondent.
[10] Mr Maseko confirmed
that he sought relief against all named six respondents, including an
order that they pay him over R63
million.
[11] Ms Mayet confirmed
that her attorney, the State Attorney acted only for the 1st to 5
th
respondents.
[12] Notice of the set
down of the hearing for 26 January 2026 was given by Mr Maseko only
to the State Attorney and by email.
[13] Ms Mayet, having
taken specific instructions during a break in the hearing, informed
us that the State Attorney said
they had not been given instructions,
by the 6
th
respondent, to oppose the main application in
the first place as Mr Maseko had not complied with the provisions of
the
State Liability Act 20 of 1957
regarding service, from the
beginning.
[14] Mr Maseko was unable
to point to any document showing that service of the original
application or the notice of the appeal
hearing, relating to the 6
th
respondent, was adequate.
[15]
In these circumstances, we are concerned that the 6
th
respondent has not been given notice of the appeal hearing .
ORDER
[16] Removed, costs
reserved.
WRIGHT
J
SENYATSI
J
I
agree/disagree
STRYDOM
J
I
agree/disagree
HEARD:
26 January 2026
DELIVERED:
27 January 2026
APPEARANCES
:
APPELLANT
In person
andilemasekobfg@gmail.com
1
st
to 5
th
RESPONDENTS
Adv N Mayet SC
with her
Adv A Bleki
Instructed
by
State Attorney
BNkoana@justice.gov.za
6
th
Respondent
No appearance